Arbitration Under International Investment Agreements

A Guide to the Key Issues

Investor-state arbitration is a form of dispute settlement that allows foreign investors the opportunity to seek compensation for damages or discriminatory practices, most of which arise out of breaches of treaty obligations by the governments of host countries. With a high level of public interest involved in these cases, the awards of these tribunals are subject to much scrutiny and debate. As a result, up-to-date knowledge of the key topics of investment arbitration is integral for those practicing in the field, especially given the rapid development of international investment law. Arbitration Under International Investment Agreements: A Guide to the Key Issues describes the most important procedural and substantive aspects of investment arbitration in a practical and accessible manner. Covering all procedural stages of investor-state arbitration, the text provides a broad overview of the key topics including the role of precedent, counterclaims, third party funding, bi-trifurcation, burden of proof regarding jurisdiction, attribution, breach of treaty and contract claims, fair and equitable treatment, indirect expropriation, and culminates in the enforcement of investment awards. The text also describes the conflicts and challenges facing arbitrators from a practical perspective, providing a comprehensive insight into investor-state arbitration. With contributions from many of the leading experts in the field, private practitioners, academics, government and intergovernmental organization officials, this text addresses all issues in an objective manner. Through pragmatic and reliable analysis, this book provides the reader with an authoritative understanding of all aspects of this evolving topic. "When the first edition of this text was published a short seven years ago, it quickly became an authoritative reference guide for practitioners, academics, and tribunals on investor-state questions... As attested by the breadth and depth of the topics in this edition, investment treaties and arbitration continue to raise novel legal questions. The editor is an expert in the field, having dealt with investment law and procedure from the distinct perspectives of an international organization, an arbitral institution, a law firm representing both states and investors in individual cases, and as a professor of law. Her knowledge and expertise is evident throughout. In addition, the contributing authors are all well known in this discipline, with backgrounds and knowledge that bring an intelligent and up-to-date perspective on the most important questions in the field. Given this combination, it is certain that this edition will become equally authoritative as the first edition..." —Meg Kinnear, ICSID Secretary General